Terms of Service

  1. Your Acceptance of the Terms of Service
    1. Welcome to the website of Boomalang Company ("Boomalang," "Company," "we," "our," or "us"). By using, downloading or visiting our website, mobile application, products, software, and services provided to you on, from, or through the Boomalang website or mobile application (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Boomalang's Privacy Policy, found at https://app.boomalang.co/privacy and incorporated herein by reference. If you do not agree to any of these terms, or the Boomalang Privacy Policy, please do not use the Service.
    2. Our Service is offered and available to users who are 18 years of age or older or who have obtained parental consent to use this Service. If you do not meet all of these requirements, please do not access or use the Service.
    3. Children Under the Age of 13: This Service is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Service or on or through any of its features/register on the Service, use any of the interactive or public comment features of this Service or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at .
    4. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, found at https://app.boomalang.co/terms. Boomalang may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  2. Accessing the Service
    We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
  3. Service
    1. These Terms of Service apply to all users of the Service, including users who: (i) visit the Service, (ii) contribute Content on the Service, or (ii) register and receive an account to access the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
    2. The Service may contain links to third party websites that are not owned or controlled by Boomalang. This includes links contained in advertisements, including banner advertisements and sponsored links. Boomalang has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites and accept no responsibility for any loss or damage that may arise from your use of any third-party website. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
    3. In order to use the Service you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
    4. The Service may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Service users. If your use of the Service is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Service is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms of Service, you have obtained such consent.
    5. Boomalang is constantly improving the Service and may change them at any time. Technical requirements for use of the Service and feature descriptions are available on Boomalang’s support page, found at https://app.boomalang.co/support. You may need to upgrade to a new version of a conventional on-line web browser in order to enjoy the benefit of certain features of the Service.
  4. Your Account Security
    1. Some of the materials available on the Service may require prior registration to access. You may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, found at https://app.boomalang.co/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    2. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We may, within our sole discretion, refuse to grant you a user name, email address or screen name that: (i) is already being used by someone else; (ii) belongs to or is confusingly similar to another person; (iii) violates the intellectual property or other rights of any person or entity; (iv) is offensive; or we reject for any other reason.
    3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You must notify Boomalang immediately of any breach of security or unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you exit from your account at the end of each session.
    4. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
  5. General Use of the Service — Permissions and Restrictions
    1. You may use the Services only for lawful purposes and in accordance with these Terms of Service, provided that you agree not to:
      • violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
      • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
      • transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
      • impersonate or attempt to impersonate Boomalang, a Boomalang employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
      • alter or modify any part of the Service;
      • access Content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means Boomalang may designate;
      • without Boomalang's prior written approval, use the Service for any commercial purpose, including selling access to the Service, advertising, sponsorships or promotions;
      • engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability;
      • engage in any activity that violated the privacy of others; or
      • use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Boomalang servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Boomalang grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Boomalang reserves the right to revoke these exceptions either generally or in specific cases.
    2. From time to time, Boomalang may need to perform maintenance on or upgrade the Service or the underlying infrastructure that enables you to use the Service. This may require Boomalang to temporarily suspend or limit your use of some or all of the Service until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Boomalang will publish the time and date of such suspension or limitation on Boomalang’s support page, found at https://app.boomalang.co/support. You will not be entitled to claim damages for such suspension or limitation of the use of the Service.
  6. Your Use of Content
    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
    1. The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Boomalang, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    2. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You agree not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Boomalang or the respective licensors of the Content, unless Boomalang makes available the means to do so through functionality offered by the Service. Boomalang and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    3. You may not modify copies of any materials from this site.
    4. You may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
    5. Boomalang's name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
    6. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
    7. This Service may include Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Boomalang, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Boomalang. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
    8. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  7. User Contributions
    1. The Service may contain message boards, text and video chat rooms, profiles, forums and other interactive features (collectively, "Interactive Features") that allow users to post, submit, publish, display or transmit (collectively, "post") Content to other users or other persons on or through the Service (collectively, "User Contributions"). All User Contributions must comply with these Terms of Service.
    2. Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, subject to your account settings.
    3. You represent and warrant that:
      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
      • All of your User Contributions do and will comply with these Terms of Service.
    4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    5. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.
    6. Boomalang reserves the right to:
      • Remove or refuse to post any User Contribution for any reason, in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Boomalang.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
      • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
    7. User Contributions must comply with all applicable federal, state, local and international laws and regulation. Without limiting the foregoing, User Contributions must not:
      • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy, found at https://app.boomalang.co/privacy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote or assist any unlawful act.
      • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
      • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    8. Boomalang does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Boomalang expressly disclaims any and all liability in connection with Content. Boomalang does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Boomalang will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Boomalang reserves the right to remove Content without prior notice.
    9. We cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  8. Deleting Your User Account
    1. You may cancel your user account at any time. Requests for deletion of user accounts should be sent to .
    2. Once we received your request to delete your user account, we delete you user account and you will no longer be able to access your user account and some portions of the Service.
    3. We reserve the right to cancel any user account that is inactive for more than one (1) year.
  9. Copyright Infringement
    If you believe that any User Contribution violate your copyright and has been copied or is accessible on the Service, please notify us as follows:
    1. Boomalang's Designated Agent for receipts of Notification of Claimed Infringement is:

      Boomalang Company
      Chris Gerding
      41 Peabody Street
      Nashville, TN 37210
      336.817.7709

    2. If you believe that material posted on our Service infringes on your copyrights, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.
    3. Upon receipt of a Notification of Claimed Infringement that meets the requirements set forth above, we will promptly remove or block access to the allegedly infringing material, and we will notify the subscriber who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, we will take reasonable steps to assist in the receipt of proper notification.
    4. If you receive notification from us that we have blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the Middle District of Tennessee, and that you will accept service of process from the complaining party or their agent.
    5. Upon receipt of counter-notification meeting the requirements set forth above, we will notify the complaining party that we will replace or unblock the material in ten (10) business days unless we receive notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.
  10. Geographic Restrictions
    Boomalang is the owner of this Service and is based in Tennessee in the United States of America. Boomalang makes no representations that the Service is appropriate or available for use outside of the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  11. Warranty Disclaimer
    1. Boomalang cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Boomalang takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMALANG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BOOMALANG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BOOMALANG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOOMALANG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

      THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

  12. Limitation of Liability

    IN NO EVENT SHALL BOOMALANG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT BOOMALANG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    IN NO EVENT WILL THE BOOMALANG'S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID TO BOOMALANG IN THE LAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  13. Indemnification
    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Boomalang, its officers, directors, employees, agents, service providers, licensors, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney's fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service. This indemnification obligation will survive these Terms of Service and your use of the Service.
  14. General
    1. Assignment:

      These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Boomalang without restriction.

    2. Governing Law
      • All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
      • Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    3. Waiver of Jury Trial:

      EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this section is a material inducement for the other party to enter into these Terms of Use.

    4. Limitation on Time to File Claims:

      ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    5. Waiver and Severability
      • No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
      • If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
    6. Entire Agreement:
      The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Boomalang Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
    7. All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: https://app.boomalang.co/support.

Dated: August, 2015